When someone trips or slips and falls while on your property, Texas negligence law allows them to file a premises liability claim against you. This civil lawsuit is intended to help the plaintiff receive the financial restitution they need to cover the medical costs associated with the injuries suffered as well as other damages. And as you can imagine, personal injury claims can run into tens of thousands of dollars or more.
However, the law does not explicitly grant the plaintiff the right to compensation. Subject to the circumstances of the case, you may defend yourself against a premises liability claim in question. Specifically, you can assert that there was no negligence, reckless or intentional misconduct on your part that led to the plaintiff’s harm. These are also two additional defense options you may explore if someone has filed a premises liability claim against you.
You may cite trespass
As the property owner, you have a duty to ensure the safety of every visitor on your property. However, you may not have control over what intruders do on your property. If a trespasser gets hurt while on your property, they are not generally your responsibility. However, you may not set booby traps on your property to hurt trespassers. If you do, you may be held liable for their resulting injuries.
You may cite missed deadlines
Texas, like all other states, has a statute of limitations that governs the time period within which a plaintiff may file a claim. In Texas, the statute of limitations for personal injuries is two years from the date of the incident. If the plaintiff files their claim after the expiry of the statute of limitations period, you may cite this legal provision as justification for the dismissal of the claim.
Protecting your rights
Accidents happen. When someone is hurt while on your property, you’ll need to understand your legal rights and obligations. Seeking legal guidance concerning Texas negligence laws can help you to build up a strong defense when someone is pursuing you for damages that are not your responsibility.